New Mexico Register / Volume XXXIII, Issue 2 / January 26, 2022
This is an amendment to 16.14.11 NMAC, Section 11,
effective 2/9/2022.
16.14.11.11 DISCIPLINARY
GUIDELINES: In accordance with the
provisions contained within the Uniform Licensing Act, the board may take
disciplinary action if the board determines the applicant or licensee has
violated the Nutrition & Dietetics Act or the board's regulations. The following shall subject the licensee to
disciplinary action by the board:
A. Fraud or deceit in procuring or attempting to procure a
license to practice as a dietitian or nutritionist
B. Knowingly practicing as dietitian or nutritionist or
using any designation with his/her name tending to imply, without a valid
license, that he/she is a nutritionist/dietitian; or knowingly aiding,
assisting, procuring, advising, or encouraging any unlicensed person to
practice as a nutritionist/dietitian or use any designation with his/her name
tending to imply that he/she is a nutritionist/dietitian without a valid
license.
C. Conviction by a court of competent jurisdiction of any of
the following disqualifying felony criminal convictions:
(1) homicide, involuntary or voluntary
manslaughter;
(2) manufacturing of controlled
substances, trafficking in controlled substances or distribution of controlled
substances, driving while under the influence of drugs or intoxicating liquor;
(3) kidnapping, false imprisonment,
simple assault, simple battery, aggravated assault or aggravated battery or
domestic violence offenses;
(4) rape, criminal sexual penetration,
criminal sexual contact, incest, indecent exposure, or other related felony
sexual offenses;
(5) crimes involving adult/elder abuse,
neglect, endangerment or financial exploitation;
(6) crimes involving child abuse or
neglect, child endangerment;
(7) crimes involving robbery,
larceny, extortion, burglary, tampering with evidence or receiving stolen
property.
(8) crimes involving fraud (including but
not limited to insurance, medicare, medicaid and prescription), forgery,
embezzlement, credit card fraud or misappropriation of funds
D. This includes a conviction of an offense which, if
committed in this state, would be deemed a felony under either state or federal
law, without regard to its designation elsewhere. The term
"conviction" shall include a finding or verdict of guilt, a plea of
guilty, or a plea of nolo contendere in a criminal proceeding, regardless of
whether the adjudication of guilt or sentence is withheld or not entered
thereon or an appeal of the conviction has been sought.
E. Having been declared mentally incompetent by a regularly
constituted authority within or outside this state.
(1) Any such adjudication shall be
grounds for suspension of the license of any such person and shall prevent the
reissuance or renewal of any license so suspended for as long as the
adjudication of incompetence is in effect unless the board, upon a finding that
the licensee is mentally competent, orders otherwise.
(2) Any applicant who has been so
adjudged to be mentally incompetent shall not receive a license unless the
board, upon a finding that the applicant is mentally competent, orders
otherwise
F. Nothing in this rule prevents the board from denying an
application or disciplining a licensee on the basis of an individual’s conduct
to the extent that such conduct violated the Nutrition and Dietetics Act,
regardless of whether the individual was convicted of a crime for such conduct
or whether the crime for which the individual was convicted is listed as one of
the potentially disqualifying felony criminal convictions listed in Subsection
A of this rule.
G. In connection with an application for licensure or
licensure renewal, the board shall not use, distribute, disseminate or admit
into evidence at an adjudicatory proceeding any criminal records of any of the
following:
(1) an arrest not followed by a valid
conviction;
(2) a conviction that has been sealed,
dismissed, expunged or sealed;
(3) a juvenile adjudication; or
(4) a conviction for any crime other than
the potentially disqualifying felony criminal convictions listed in Subsection
A of this rule.
H. If the board reserves approval of an applicant or
licensee due to a potentially disqualifying felony criminal conviction, the
applicant/licensee will receive notice and opportunity for a hearing.
[16.14.11 NMAC – N, 2/9/2022]